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(영문) 서울중앙지방법원 2015.07.23 2015가단10354
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The plaintiff asserts as follows as the cause of the claim of this case.

In other words, the defendant's claim at the time when the Daegu District Court 2013. 1. 9. 2013. 2013. 1. 9. 2013. 1. 2013. 2011. 1. 1. 201. 1. 1. 201. 1. 1. 1. 3. 1. 1. 201.

Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim which is not entered in the list of creditors in bad faith by an obligor" means a case where the obligor knows the existence of an obligation against a bankruptcy creditor prior to the decision to grant immunity and fails to enter it in the list of creditors. Thus, if the obligor was unaware of the existence of an obligation, even if he was negligent in not knowing the existence of the obligation, it does not constitute a non-exempt claim under the above provision, but if the obligor was aware of the existence of an obligation, even if he was negligent in not knowing the existence of the obligation, it constitutes a non-exempt claim under the above provision

(2) The Plaintiff, at the time of filing an application for bankruptcy and exemption, directly delivered a certified copy of the execution clause of the payment order (No. 160201), which is the executive title stated in the purport of the claim, to the Daegu District Court, on December 2, 2011, before submitting the application for bankruptcy and exemption. On May 4, 2012, the Plaintiff directly delivered a certified copy of the execution clause of the payment order (No. 2010), which is the executive title stated in the purport of the claim, to the Daegu District Court, and on May 4, 2012, the Daegu District Court 2012TTBT2609 (No. 2609) and the written decision of the collection order, which was issued upon the Defendant’s application. According to the above facts, it is reasonable to deem that the Plaintiff was aware of the existence of the Defendant’s claim at the time of the application for exemption and exemption

Therefore, the defendant's above claims.

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